Abstract：Fact marriage, refers to the men and women without a spouse, not with the marriage registration, they lived together with relationship between husband and wife, the crowd also think is the relationship between husband and wife both sexes combined. Our country in legislation has been taken the marriage registration system, due to the influence of the traditional custom entrenched, men and women both parties before marriage registration and in the name of husband and wife cohabitation fact marriage phenomenon, in our real life long-standing are common. Relative to the legal registration for marriage, fact marriage without shall be registered according to law, in essence belongs to illegal marriage, but considering the reality of our country national condition, in order to maintain a certain range, especially those in rural population marriage stable, country to did not deal with the marriage registration and in the name of husband and wife cohabitation of men and women both parties of the relationship between the conditional be recognized, which has made fact marriage this concept. This paper discusses our country fact marriage discussed the necessity of the legislation, the facts of the present situation and the marriage legislation evolution, with overseas fact marriage law contrast, to perfect our country fact marriage related countermeasures of talk about some views.
Key words: fact marriage；marriage law；husband and wife；marriage registration